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Section 42: How police must handle property from criminal cases

42.Disposal of property in possession of police officer

(1)Where any property has come into the possession of a police officer in connection with criminal proceedings, or in consequence of any person being detained in connection with criminal proceedings, and no order of disposal has been made by any court in accordance with any enactment, a magistrate may, on application either by a police officer or by a claimant of the property, make an order for the delivery of the property to the person appearing to the magistrate to be the owner of the property, or, if the owner cannot be ascertained, order the property to be disposed of under section 43 as unclaimed property.

(2)Where a magistrate makes an order under subsection (1) for the delivery of any property to the owner of the property'

(a)if the owner of the property is present in court when the order is made, the magistrate shall inform him or her of the date on or before which he or she is required to remove the property from the possession of the police officer; or

(b)if the owner of the property is not present in court when the order is made, the magistrate shall require him or her to remove the property from the possession of the police officer within twenty­ one days from the date of service of the notice on him or her.

(3)If the owner of property in respect of which an order has been made under subsection (1) fails to remove the property from the possession of the police officer on or before the date specified in subsection (2)(a) or within the time prescribed in paragraph (b) of that subsection or if the owner cannot be found, the magistrate on the application of a police officer, may order the property to be sold, and on completion of the sale, the right to take legal proceedings for the recovery of the property shall cease.

(4)The proceeds of any sale under subsection (3) shall remain in such custody as the magistrate shall direct, and the magistrate shall cause a notice of the sale to be posted in a conspicuous place at his or her court and at the police stations within his or her jurisdiction.

(5)A notice under subsection (4) shall specify the property to be sold and call upon the owner to appear and establish his or her identity within six months from the date of the notice.

Plain English Summary

If the police come into possession of your property because of a criminal case or your detention, and no court has ordered what to do with it, you can...

AI-generated, for reference only.

🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

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